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Archive for ‘Columns’

Distributed Intellectual Property and the Common Good

Under the Author Information section of an article in Nature last week (August 5), there was a highly irregular reference to an unusual number of extensive contributors: “Foldit players (more than 57,000) contributed extensively through their feedback and gameplay, which generated the data for this paper.” As you might imagine, this throws a small wrench into the intellectual property concept of scholarly publication, in which the publisher reaps the profits, while the honors of priority and attribution go to the identified authors. In this case, the 57,000 anonymous authors suggest something new is afoot. 

In the article in question, “ . . . [more]

Posted in: Legal Publishing

The 2.0 Law Practice

Despite the advent of Smartphones (Blackberry, iPhone, etc.) and the many ways they facilitate our lives (i.e. we can now start a car, open a bank account, receive and send e-mails, read the news, etc.), the legal profession still seems to be behind on technology. Although the technology is clearly available, we unfortunately fail to take advantage of its full potential. We have all the tools and gadgets necessary to practice the law from our own homes, without ever even having to physically meet a client or go to court. In fact, the virtual world is less costly, greener, . . . [more]

Posted in: Practice of Law

Locating Territorial Legislation

My library is frequently asked what the best tools are for legislative research in the territories. For provincial legislation (with the exception of British Columbia*) CanLII tends to be our resource of first choice. When it comes to the consolidated legislation for the territories, the situation is a little trickier. Free consolidated legislation is not available for all territorial legislation, so in some cases it may be easiest to go straight to the paid source.

The following is a list of the resources available for finding territorial legislation. Please note that in some cases a completely up-to-date consolidation may not . . . [more]

Posted in: Legal Information

Law Firm Reputation Management: Who’s Keeping Watch?

A rogue and disgruntled associate in a large Canadian law firm had a bone to pick with a few of its partners. Rather than pull in one of those discrete committees that operates just under the surface of every large firm and deals with sensitive internal matters, this associate opted for an office-wide diatribe sent via e-mail from his home. 

The scandalous statements created shockwaves and went through the local legal community like a missile. Inside 24 hours the first media outlet called the firm and the associate for interviews, with many more to follow, including national print media. Then, . . . [more]

Posted in: Legal Marketing

Reap the Rewards of Volunteering

The highest of distinctions is service to others.

— King George VI

I’ve been fortunate to have been presented with a number of opportunities to volunteer and provide support to many worthwhile organizations and causes since I started practicing as a lawyer while I’ve actually never stopped to consider why I volunteer until now. When I did pause to contemplate my motivation I realized a number of things. My volunteer activities have ranged from volunteering at a music festival, and acting as a moot court judge for a law school, to being on the board of various volunteer organizations such . . . [more]

Posted in: Practice of Law

Lawyers Real Estate Pty Ltd:  a Case Study of Blue Ocean Strategy

Unless the technology makes buyers’ lives dramatically simpler, more convenient, more productive, less risky, or more fun and fashionable, it will not attract the masses no matter how many awards it wins…Value innovation is not the same as technology innovation.
–W.Chan Kim and Renée Mauborgne, Blue Ocean Strategy, page 120.

This is a column about legal technology, but sometimes legal innovation involves creating new business models that have little to do with technology. One such business model is called Lawyers Real Estate.

Peter Mericka is a Melbourne-based lawyer who is revolutionizing the sale of real estate in Australia. . . . [more]

Posted in: Legal Technology

Hall of Fame Law Librarians

I love a good sports analogy, so I was thrilled to see Frank Houdek’s article in the July 2010 issue of the AALL Spectrum, “Introducing the AALL Hall of Fame.” Ooh, I thought, what would be the law librarian equivalent of the National Baseball Hall of Fame’s 300 wins, 500 home runs, 3,000 hits, and similar measurable longevity and career athletic achievement stats? And did any of my foreign, comparative, and international law (FCIL) librarian colleagues make the AALL Hall of Fame?

For the AALL Hall of Fame, “a nominee…must be or have been a member . . . [more]

Posted in: Legal Information

Thoughts & Tactics for Practice Group SEO

We’re used to thinking about search engine optimization (SEO) as a tool for law firms’ general web presence. But a growing opportunity, still under many firms’ radar, lies with a slightly different approach: practice group SEO, tailoring SEO tactics for specific practice areas within the firm. In many respects, practice focused SEO has the potential to be substantially more effective than the firm’s larger SEO strategy, which is often (necessarily) broad and less aligned with the services provided.

Let’s look at an example of how practice groups typically use search engines to improve business development. A patent law practice group, . . . [more]

Posted in: Legal Marketing

What’s Good Enough?

What’s the best thing about Wikipedia? It’s a source that’s “good enough”. It’s an excellent way to get up to speed when all you really need is general or background knowledge. And the price point is so attractive! But would I rely on Wikipedia exclusively? Doubtful … and I certainly wouldn’t rely on it in an important situation without checking primary sources. 

Some wikis are now appearing as sources of legal information. I was fascinated to read the recent post on this site about the new tax wiki established by Professor Ben Alarie, of the U of T Law Faculty; . . . [more]

Posted in: Legal Publishing

Mentoring: Important for Men – Crucial for Women

A concern that I hear frequently from women lawyers is the lack of recognition and compensation for those partners – often women – who devote time to building up the human capital in their law firms. This includes time spent mentoring younger lawyers or working on the firm’s education, articling or associate development committees. When it comes to dividing up the partnership profits at the end of the year, it is typically only billable hours and collected revenue that counts and not time spent ensuring a stronger future for the firm. 

For many women lawyers, this is frustrating because mentoring . . . [more]

Posted in: Practice of Law

First Nations Land to Settler Land Disconnect

Unforeseen circumstances have landed me in Campbell River, British Columbia for a few days. I’m trying to make the most of this detour by taking in whatever Campbell River has to offer. One of my better-spent days included a visit to the Campbell River Museum which has substantial displays devoted to the First Nations of the region, their history, material culture, place names, stories, and the colonization attempts by the Spanish and British. I know in general terms how that turned out – the British were the successful colonizers. And I know all to well what that meant for First . . . [more]

Posted in: Justice Issues

Authentication and Trust – Some Preliminary Thoughts

Before giving legal effect to any piece of information, people want to know whether the information can be trusted. What is this information? Where does it come from? How sure must they be of the answers to those questions?

At a basic level these are not even legal questions. They are not addressed particularly to the content of the information, though the content can help answer them. They are about the medium and not the message. They are questions of authentication.

Authentication questions apply to information in any form and in any medium. Electronic documents do not need ‘more’ or . . . [more]

Posted in: Legal Technology

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